Fawley v. Tafoya Lucero, et al
| BENJAMIN W. FAWLEY |
| ALISHA TAFOYA LUCERO, DWAYNE SANTISTEVAN, Warden, LCCF, HOWARD CLARKE, Director and MICHELLE LUJAN GRISHAM, Governor, State of New Mexico |
| 22-2091 |
| August 9, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Prisoner - Civil Rights |
Docket Report
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| [10946208] Minute order filed - the brief submitted by appellees is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing including all attachments. Paper copies of appellees' brief due 10/17/2022 by Howard Clarke, Michelle Lujan Grisham, Dwayne Santistevan and Alisha Tafoya Lucero. Appellant's optional reply brief now due 10/31/2022 for Benjamin W. Fawley. (Text Only - No Attachment) [22-2091] [Entered: 10/07/2022 07:39 AM] |
| [10946161] Appellee/Respondent's brief filed by Howard Clarke, Michelle Lujan Grisham, Dwayne Santistevan and Alisha Tafoya Lucero. Served on: 10/06/2022. Manner of service: US mail. Oral argument requested? No. Word/page count: 3517. This pleading complies with all required privacy and virus certifications: Yes. [22-2091] ER [Entered: 10/06/2022 04:16 PM] |
| [10945177] Order filed by Clerk of the Court - This matter is before the court on Appellant's pro se "motion to correct/amend his appeal to his court due [to] his lack of understanding". The motion is construed as a supplement to Appellant's opening brief and deemed filed. The response brief remains due on 10/06/2022. Served on 10/04/2022. [22-2091] [Entered: 10/04/2022 07:49 AM] |
| [10945173] Supplement to Appellant's Opening Brief filed by Benjamin W. Fawley. Served on 10/03/2022. Manner of Service: email. [22-2091] [Entered: 10/04/2022 07:44 AM] |
| [10944413] Attorney Mr. Eric Rodriguez for Michelle Lujan Grisham, Dwayne Santistevan, Alisha Tafoya Lucero and Howard Clarke admitted to the bar of this court. [22-2091] [Entered: 09/29/2022 04:36 PM] |
| [10943424] Order filed by Clerk of the Court - denying without prejudice appellant's motion seeking leave to file a response to district court's memorandum opinion. Appellant's motion to resubmit entry of appearance-pro se; originally mailed to this court on the 24th day of August, is denied as unnecessary. See order for details. Served on 09/27/2022. [22-2091] [Entered: 09/27/2022 09:02 AM] |
| [10943402] Appellant's Motion to Resubmit Entry of Appearance-Pro Se; Originally Mailed to this Court on the 24th Day of August 2022 filed by Benjamin W. Fawley. Served on 09/26/2022. Manner of Service: US mail. [22-2091] [Entered: 09/27/2022 08:26 AM] |
| [10943401] Appellant's motion filed by Benjamin W. Fawley seeking leave to file a response to district court's memorandum opinion and order. Served on 09/27/2022. Manner of Service: email. [22-2091] [Entered: 09/27/2022 08:18 AM] |
| [10941242] Admissions letter sent. Response date set to 10/17/2022 for Eric Rodriguez. [22-2091] [Entered: 09/16/2022 10:18 AM] |
| [10940504] Entry of appearance submitted by Eric G. Rodriguez for Appellees Howard Clarke, Michelle Lujan Grisham, Dwayne Santistevan and Alisha Tafoya Lucero for court review. Certificate of Interested Parties: No. Served on 09/14/2022. Manner of Service: US mail. [22-2091] --[Edited 09/14/2022 by AT to remove PDF as pleading was filed on 9/14/2022.] ER [Entered: 09/14/2022 09:27 AM] |
| [10940508] Entry of appearance filed by Mr. Eric Rodriguez for Michelle Lujan Grisham, Dwayne Santistevan, Alisha Tafoya Lucero, and Howard Clarke. CERT. OF INTERESTED PARTIES: n. Served on 09/14/2022. Manner of Service: US mail. [22-2091] [Entered: 09/14/2022 09:39 AM] |
| [10939460] Deficiency notice issued. Type of deficiency: Appellees' notice of appearance due and not filed with the court. Notice of appearance is now due on 09/12/2022 for Howard Clarke, Michelle Lujan Grisham, Dwayne Santistevan, and Alisha Tafoya Lucero. [22-2091] [Entered: 09/09/2022 01:05 PM] |
| [10939300] Record on appeal filed. No. of Volumes: 3, Comments: Vol. I - Pleadings; Vol. II - Pleadings; Vol. III - Pleadings. [22-2091] [Entered: 09/09/2022 06:59 AM] |
| [10938436] Appellant brief filed by Benjamin W. Fawley. Original and 4 copies. Served on 09/06/2022 by email. Required 10th Cir. R. 28.2 Attachments Included? n. Appellees' response brief due 10/06/2022 for Alisha Tafoya Lucero, Dwayne Santistevan, Howard Clarke. and Michelle Lujan Grisham. [22-2091] [Entered: 09/06/2022 02:37 PM] |
| [10938431] Jurisdictional review complete. Record on appeal 10th circuit due 09/27/2022 [22-2091] [Entered: 09/06/2022 02:35 PM] |
| [10938428] Order filed by Clerk of the Court reactivating case. On 08/31/2022, the district court issued an order denying relief requested. Accordingly, the abatement of this appeal is lifted. See attached order. Served on 09/06/2022. [22-2091] [Entered: 09/06/2022 02:33 PM] |
| [10938019] District Court order denying appellant's Motions to Reconsider filed. [22-2091] [Entered: 09/02/2022 12:11 PM] |
| [10938126] Supplemental preliminary record filed. Contents: District court order denying Plaintiff's Motions for Reconsideration. [22-2091] [Entered: 09/02/2022 03:12 PM] |
| [10938013] Entry of appearance filed by Benjamin W. Fawley. CERT. OF INTERESTED PARTIES: n. Served on 09/02/2022. Manner of Service: email. [22-2091] [Entered: 09/02/2022 11:58 AM] |
| [10932746] Fee paid. Date paid in District Court on 08/10/2022. [22-2091] [Entered: 08/10/2022 10:24 AM] |
| [10932468] Notice by party that files a pleading, written motion, or other paper drawing into Question the Constitutionality of a State Statue filed by Benjamin W. Fawley Motion. Served on 08/09/2022. Manner of Service: email. [22-2091]--[Edited 08/09/2022 by LG to show as a notice] [Entered: 08/09/2022 11:14 AM] |
| [10932466] Appellant's motion seeking service of all documents, pleadings, motions, and other papers upon opposing counsel filed by Benjamin W. Fawley. Served on 08/09/2022. Manner of Service: email. [22-2091] [Entered: 08/09/2022 11:09 AM] |
| [10932470] Motion Seeking Court's Assistance in Obtaining Counsel to Assist in this matter, or "Counsel Assistance" construed as a motion to appoint filed by Benjamin W. Fawley. Served on 08/09/2022. Manner of Service: email. [22-2091]--[Edited 08/09/2022 by LG to show as a motion to appoint] [Entered: 08/09/2022 11:15 AM] |
| [10932473] Affidavit - Certificate of Payment of Filing Fee and the Docketing Fee received from Benjamin W. Fawley but not filed. Original and. Served on. Manner of Service:. [22-2091] [Entered: 08/09/2022 11:21 AM] |
[10932648] Order filed by Judge Tymkovich denying Appellant's motion to appoint attorney filed by Appellant Benjamin W. Fawley. See order for details. Served on 08/09/2022. [22-2091] [Entered: 08/09/2022 04:44 PM]
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| [10932647] Order filed by Clerk of the Court. This matter is before the court sua sponte following the opening of this appeal. The court notes that appellant has filed four documents and will address each in turn in this order. The court will file as a notice, "Appellant-plaintiff's notice by party that files a pleading, written motion, or other paper drawing into the question the constitutionality of a state statue;" Appellant's "motion seeking court's assistance in obtaining counsel" will be filed and addresed by separate order. The court will file "plaintiff-appellant's affidavit-certificate of payment" and notes that the filing fee for this appeal has been paid. Appellant's "motion seeking service of all documents, pleadings, motions, and other papers upon counsel by electronic means is denied. Lastly, a review of the district court docket reveals a pending motion in District Court. Accordingly, the appeal is abated pending disposition of the motion. See order for details. Served on 08/09/2022. [22-2091] [Entered: 08/09/2022 04:42 PM] |
| [10932454] Prisoner case docketed. DATE RECEIVED: 08/09/2022. Notice of appearance due on 08/23/2022 for Howard Clarke, Michelle Lujan Grisham, Dwayne Santistevan and Alisha Tafoya Lucero, and Notice of appearance due on 09/08/2022 for Benjamin W. Fawley. [22-2091] [Entered: 08/09/2022 10:38 AM] |
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